Tlicho member at war with government
John Mantla says asking questions and voicing opinion is a constitutional right
Elaine Anselmi
Northern News Services
Monday, September 14, 2015
BEHCHOKO/RAE-EDZO
Behchoko resident John Mantla has a filed a claim with the Supreme Court of the Northwest Territories to dispute a Tlicho Government rule of order limiting the number of questions its membership can ask during its annual gathering.
John Mantla has filed a claim with the Supreme Court of the Northwest Territories that his rights were violated by a decision of the Tlicho government. - Elaine Anselmi/NNSL photo |
"It wasn't even looked at by the Tlicho citizens why they used that rule of order," Mantla told News/North.
"It's not constitutional to Tlicho citizens because one question per report, one can only ask one question and then you can't talk anymore."
Lawsuit over rule of order
According to the Tlicho constitution, the annual gathering is held once every year, rotating through Tlicho communities, with members flown in to take part. From Section 7 of the constitution, "The purpose of the annual gathering is to bring people together to share in the social, political and cultural activities of the Tlicho."
It continues to lay out how the open forum would allow members to "ask questions, make recommendations and provide broad policy directions to the Tlicho Assembly."
At the gathering, financial reports and government activities are presented, which Mantla has been particularly forward in questioning and debating.
In Mantla's claim, he is seeking to have the rule of order, which was put in place in February, to be presented and negotiated at the three next annual gatherings and ratified by the membership – a necessary process for making amendments to the Tlicho constitution, according to Section 15.
A rule of order, however, can be passed by the General Assembly, which consists of the chief of each Tlicho community and at least two councillors from those communities, as well as the grand chief.
"Under the Tlicho constituion, rules of order only have to be approved by the Tlicho Assembly, they do not have to be approved by the annual gathering," said Grand Chief Eddie Erasmus.
"If Mr. Mantla disagrees with a decision of the Tlicho Assembly to enact a rule of order, he can appeal that. The Tlicho constitution creates a procedure for anyone who is affected by a decision of Tlicho government, they can appeal that decision."
In terms of the rule of order, Erasmus said it was intended to allow all members at the annual gathering a fair chance to speak, rather than restrict them.
"We have 4,000 Tlicho citizens here. At the annual gathering, if one individual gets up 20 times – last year it was a problem – citizens said, 'I wanted to say something and this individual got up 20 times and I didn't get to say anything," he says.
"This is in order to give other people time to speak."
While Erasmus confirmed that at the most recent gathering that person was Mantla, Mantla himself argued he is speaking for others who are afraid to come forward because they work for the government and fear backlash.
"Since 2005, every year I've attended the annual gathering. Sometimes people want me there," Mantla said. "(The government doesn't) pick me for the annual gathering charter so people pay my way to get there and ask questions."
Erasmus said whether or not one's name is selected to be on the charter in the yearly lottery, there is always room for any Tlicho member if they show up to the airport and wait. With Mantla's claim issued by the Office of the Clerk of the Northwest Territories on Aug. 5, the Tlicho government will be represented by Toronto-based law firm Pape, Salter, Teillet LLP, while Mantla will represent himself.
Library, local youth help with lawsuit
Staff at the Yellowknife Public Library assisted Mantla in printing and submitting his affidavit and he said a group of Grade 12 graduates in his community, who haven't yet found employment, are helping him go through the constitution and rules of law.
Should the case go to trial, he proposes it be held in Behchoko, at the cultural centre, otherwise he hopes to see resolution without going to court.
"I'll be satisfied if they abolish the rule of order in annual gathering and introduce a rule of order that's written out to the Tlicho Nation, to make it ratified in three annual gatherings," said Mantla.
From the government perspective, Erasmus said the ability to enact rules of order is the right of the self-governed nation.
"The Tlicho have really, when you look at it, worked really hard for many years to have our right to self-government," said Erasmus.
"We worked hard to have our own constitution and decide for ourselves how our government can work. To use our own constitution and set our own rules of order is the Tlicho government's decision and is an important part of our right to self-governance."
